Social Security Disability News

Thursday, March 12, 2015

Inaccurate Attacks of the Social Security Disability Insurance System

I was really pleased to see column by Michael Hiltzik of the Los Angeles Times (See http://www.latimes.com/business/hiltzik/la-fi-mh-wsj-disability-20150309-column.html#page=1 )responding to inaccurate and skewed article published by the Wall Street Journal (“WSJ”) on Monday which cited to outdated statistics to give a very inaccurate portrayal of the Social Security Disability Insurance (“SSDI”) system. Lately, the WSJ seems hell-bent to paint a picture of a fraud-ridden Social Security Disability system run by grant-happy judges. The WSJ seeks to portray a large percentage of Social Security Disability claimants as freeloaders who could work, and the attorneys who represent them, as snakes in suits who try to manipulate the system in unethical ways.

This is not the case. The overwhelming majority of attorneys, judges, and claimants associated within the Social Security Disability realm are ethical individuals trying to navigate an increasingly difficult benefit system.

I personally do not represent anyone whom I do not feel is disabled. In fact, I turn away many more people than I actually retain due to the fact that I will not represent anyone who does not meet SSA’s definition of disability in my eyes. I review the medical records for each claimant before I take on a claim to ensure that the objective and clinical findings indicate disability. In my opinion, it does not make sense to take on a case for a person who is not disabled from either an ethical or a business standpoint.

Likewise, I do not know of a single Judge in California who will give benefits to a claimant that he/she does not feel is disabled. Just like the majority of U.S. workers, SSA judges also pay into the Federal Insurance Compensation Act. Judges aren’t looking to waste Federal funds. In my vast experience as a Social Security Disability attorney, I feel the overwhelming majority of judges are trying to make the right decision in each and every case. There are always grey cases that require more deliberation and forethought, but most judges are trying to make decisions that are just.

Lastly, the vast majority of claimants, in my experience, truly do suffer from severe physical and mental impairments that are creating employment difficulties for them. Unrepresented claimants who apply for benefits, who do not meet SSA’s strict standards, often are not familiar with the exact definition that SSA applies to disability claims, especially if these individuals are receiving benefits from other disability programs with different standards – like State Disability and Worker’s Compensation. Often, no one has explained to these claimants SSDI requirements, and thus, many unrepresented claimants are unaware of SSA’s exacting standards. Thus, some individuals do apply for the program without understanding eligibility requirements. This does not mean they are trying to fraudulently obtain benefits. It means that SSA has to do a better job at educating unrepresented claimants as to SSA’s definition of disability.

SSDI is by no means a ticket to instant wealth. The average monthly benefit amount for a disabled worker for December 2014 was $1,165, which amounts to an annual benefit amount of $13,980. The 2015 National Poverty Standard for a single individual in the 48 contiguous states and the D.C. is $11,770 (See http://aspe.hhs.gov/poverty/15poverty.cfm#thresholds ). Thus, the average monthly benefit barely keeps an individual over the national poverty threshold. Most people would choose to continue to work at a job, where he/she could earn a living wage, rather than be near poverty thresholds.

There are exceptions to every rule. There are bad seeds in every facet of life. However, the few despicable individuals who tarnish the SSDI system should not be the only faces that irresponsible journalists repeatedly highlight. Just as judges and attorneys have an ethical obligation to uphold and follow the law, I just wish that all journalists still practiced the art of fair and balanced reporting. However, there are bad apples in every barrel and I am thankful to the journalists out there, like Michael Hiltzik, who still try to provide fair and balanced news.

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

Tuesday, March 3, 2015

What is SSA’s Bluebook?

The Social Security Administration (“SSA”) enumerates common illnesses and impairments in a “Listing of Impairments”, which includes listings for both adults and children. It appears in the Code of Federal Regulations (CFR) in appendix 1 to subpart P of part 404. These Listings are commonly referred to as the “Bluebook”, as SSA historically published these listings in a book with a blue cover. Since these listings are available online, SSA has stopped publishing the “Bluebook.” The listings, however, are still available at: http://www.ssa.gov/disability/professionals/bluebook/listing-impairments.htm.

The Listings do not include every illness, disease or impairment that exists. In fact, many conditions like fibromyalgia, migraines and chronic fatigue syndrome are not listed. However, the listings include some common impairments that may constitute disabling impairments, if the impairment arises to the severity outlined in the corresponding listing text. You can also be found disabled if your impairment is as severe as a listed impairment, even if your particular condition is not listed in the Bluebook. This is referred to as “equaling” a listing.

Please note, however, individuals suffering from an impairment can still be found disabled even if their conditions do not exactly fit the Administration’s criteria in the listings. In such instances, age and vocational background are often crucial factors in such claims.

Thursday, February 26, 2015

SSA Expands Its Online Services

The Social Security Administration (“SSA”) announced this month that they are expanding their online services so that Social Security beneficiaries can obtain a replacement SSA-1099 from SSA’s website at http://www.ssa.gov/ . SSA sends SSA-1099s every January to everyone who receives Social Security benefits. A SSA-1099 is a tax document that shows the total amount of Social Security benefits paid for the previous year. If you didn’t receive your SSA-1099, or you lost or misplaced it, you now can set up a “my Social Security account” and request an instant replacement.

The SSA-1099 replacement option is a new service for those who are “my Social Security account” holders. Individuals who have already created their “my Social Security account” will now have access to this new service and can continue to request information about their full retirement, early retirement, disability, and survivor’s benefits. Online account holders can also access information regarding their taxed Social Security earnings and taxed Medicare earnings to make sure they are accurate. People can set up an online account with SSA at http://www.ssa.gov/myaccount/ . It is a free service.

Please note that you can also file for Social Security Disability Insurance (“SSDI”) and Retirement benefits online. However, if you wish to apply for Supplemental Security Income (“SSI”), you will still need to make an appointment with your local SSA office.

Whenever possible, we always recommend taking advantage of the online services that SSA has to offer. It can be very difficult to get through SSA’s phone lines. Online services from SSA are easy to use and can save you a lot of stress and time.

Wednesday, January 28, 2015

SSA to Expand Hours of Local Field Offices

The Social Security Administration (“SSA”) announced this month that they are expanding its hours beginning March 16, 2015. The local field offices will be open from 9:00 am to 4:00 pm on Monday, Tuesday, Thursday, and Friday. This reflects an additional hour of service time, as currently the local SSA field offices close at 3:00pm. SSA will continue to close at noon on Wednesdays to allow their staff to catch up with paperwork and backlog. SSA had been operating at reduced service hours for the last few years due to budget cuts, understaffing and growing backlogs. However, increased funding for the fiscal year has allowed SSA to normalize their service hours.

For more information on SSA’s new hours, please read: http://www.ssa.gov/news/#!/post/1-2015-1

Tuesday, January 20, 2015

Benefit Programs Available Through the Social Security Administration

The Social Security Administration (“SSA”) offers a variety of benefit programs to help retirees, the disabled and the survivors left-behind after a family member’s death. While these programs are not designed to replace a working income in entirety, these programs provide some financial relief, and often health insurance, to individuals who qualify.

People are most familiar with the retirement benefits available through the SSA. These benefits are available to individuals who have paid into SSA’s retirement system. Approximately 96% of American workers pay into SSA’s retirement program. Generally speaking, you must have worked ten years to qualify for SSA retirement. It does not matter when this work was performed, as retirement benefits do not expire. Your retirement rate is dependent on how much you have paid into the system. For 2015, the maximum retirement rate that an individual can receive is $2,663. Individuals can collect a reduced retirement rate at 62 years of age. Full retirement age varies from person to person. If you were born between 1943 to 1954, your full retirement age is 66. Workers who reach full retirement age are also eligible for Medicare.

The SSA also provides Social Security Disability benefits to disabled workers. Often referred to as SSDI, Social Security Disability benefits are calculated based on what you have paid into the Social Security system. You must have worked a sufficient amount of quarters to be entitled to these benefits. There is a 5 month waiting period from the onset date of disability that must toll before you are entitled to these benefits. After you have been found disabled for a full 24 months on a Title II application, you will also receive Medicare benefits. The maximum amount of retroactive benefits you can receive in regards to a Title II claim, is one year prior to the initial application date. Unlike retirement benefits, SSDI benefits do expire.

The SSA also offers a “needs-based” program called Supplemental Security Income (“SSI”). To qualify, your countable resources cannot exceed more than $2000 as an individual and $3000 as a couple. Owning one automobile, one house and one wedding ring will not disqualify you from this program. The Federal payment amount is $733 for an eligible individual and $ 1100 for an eligible couple for the year 2015. There is no waiting period for Supplemental Security Income as is required for Social Security Disability benefits. Supplemental Security eligibility also entitles you to Medi-Cal in the state of California, sometimes referred to as Medicaid in other states. The earliest benefits can begin in a SSI case is from the date of application.

A fourth type of benefit that the SSA offers is Children’s Insurance benefits (“CIB”). To be entitled to CIB, you must be 18 years or older. The onset of disability must have been prior to your 22nd birthday. You cannot have done any “significant” work following your 22nd birthday. You cannot be married to receive this benefit unless you are married to another individual entitled to this benefit. An application is based on the work record of either one of your parents who is deceased, retired or disabled and your parent must have met the Administration’s earnings requirements. You may never receive more than 80% of your parent’s prior estimated income amounts.

The SSA also offers Disabled Widow’s or Widower’s benefits. To qualify, you must be 50 years of age. You are eligible for Disabled Widow’s or Widower’s benefits even if you are not disabled once you reach the age of 60. If you were still married when your spouse’s death occurred, you would have had to have been married for at least 9 months. If you were divorced at the time of death, you would have to prove that you were married to the decedent for at least 10 years. The onset of your disability must have started no later than 7 years after the insured died or 7 years after the you were last entitled to your mother’s or father’s benefits or to Disabled Widow or Widower’s benefits based upon a disability. Similar to SSDI, Disabled Widow’s or Widower’s benefits are also subject to a 5 month waiting period.

Finally, the SSA offers benefits to a decedent’s loved ones in certain circumstances. Referred to as Survivor’s benefits, eligibility is dependent on the relationship the survivor had with the decedent. Widows or widower’s, divorcees, children, stepchildren, adopted children, grandchildren, and parents who are dependent on the deceased for at least half of their support can potentially qualify for these benefits depending on the circumstances. To determine eligibility, you must notify the SSA of the death of your loved one. Typically, the funeral director will notify the SSA of a person’s death directly. The SSA will also want to see a death certificate as formal proof.

As you can see, the SSA administers many programs in addition to retirement benefits. Please keep in mind that even if you meet the definition of several programs, SSA does offset its various entitlement programs. For instance, you cannot qualify for both retirement and SSDI. SSA will simply pay you the higher rate of the benefit program you are eligible for. In spite of these offsets, the SSA is a helpful resource for individuals going through various transitions in their lives. The various programs available through the SSA promise some sense of economic security to the disabled and the sick.

Our firm’s lawyers can answer questions regarding the disability programs administered through the SSA. Please call us at 800-459-3017 or e-mail us at megan@westcoastdisability.com with your questions.

Monday, January 12, 2015

More Bad News For The Social Security Disability Program?

The Social Security Disability Insurance (“SSDI”) program is struggling to stay funded. Some reasons include the fact that future retirees fund the payments for its disabled predecessors. More and more preretirement baby boomers are aging and developing illnesses that prevent them from working. The Social Security Administration has also increased the full retirement age. In addition, the funding of the SSDI program is not keeping up with the costs associated with the program. Isolated cases of fraud have also not helped the situation.

The Social Security Administration oversees both the retirement and disability programs. Historically, Congress has transferred money between the two programs to keep them both solvent. Allowing this reallocation means that both programs would remain solvent to approximately 2033. However, the 114^th Congress introduced a new House rule on January 6, 2015 that would make it difficult to reallocate funds to the SSDI program. This means the funds remaining in the SSDI program would be exhausted by 2016. Thus, SSA would have to cut SSDI benefits by almost 20% to deal with the exhaustion of SSDI funds. A reallocation would still be allowed if it was accompanied by a “change” that would improve the overall financial health of the Social Security system (likely meaning budget cuts or increased streams of revenue). However, such “changes” would undoubtedly result in other bipartisan disputes, making the “changes” condition seem rather impossible to satisfy.

Time will tell what this new House rule will develop into. If we hear more information, we will certainly let you know. For more on this story, please read: http://www.latimes.com/business/hiltzik/la-fi-mh-on-day-onel-new-congress-launches-attack-on-social-security-20150106-column.html.

Friday, December 19, 2014

A Sign of the Times

It is no secret that it has become increasingly more difficult to get Social Security Disability Insurance (“SSDI”) benefits and/or Supplemental Security Income (“SSI”) benefits. The programs have been under attack by politicians and the media alike. Part of the attack is warranted. There have been some instances of fraud in the last few years. Most notably, there was a scheme being run by certain former New York City police officers and firefighters. For more information, please read: http://www.wsj.com/articles/SB10001424052702303880604579404893769824188. Thankfully these individuals have been caught and they should be prosecuted to the fullest extent that the law allows.

However, there is a growing perception that there are many individuals receiving SSDI/SSI who do not meet SSA’s stringent standards. I disagree with this perception. I can only speak about the area that I practice in, which is most of California, but it is truly difficult to navigate the SSDI/SSI process. If you do not have supportive objective evidence, and the support of a reputable doctor, you will not be awarded SSDI/SSI. Reputable SSDI/SSI attorneys only take cases after they look at the medical evidence and determine a case is meritorious, because if a claimant is NOT disabled, SSA will deny the individual. Of course, there are always despicable human beings out there who try to work the system and these few apples spoil the barrel. However, these crab apples usually get caught.

In spite of the fact that I do feel that disabled claimants represents the lion’s share of individuals receiving SSDI and SSI, there is clearly a backlash taking place against these programs. Judges are denying cases in record numbers. Disabled Americans are being denied benefits, even when they meet SSA’s strict standards.

We learned this week that the largest Social Security Disability law firm filed for bankruptcy and is expected to significantly reduce its staff over the next two years due to the changing climate in the Social Security Disability sector: http://www.wsj.com/articles/social-security-disability-firm-binder-binder-files-for-chapter-11-1418965824.

In all honestly, I do not expect the SSDI/SSI skepticism to improve anytime soon. As always, I recommend that before you even consider applying for this program, you have a talk with your doctor to see if he/she thinks your impairment and/or impairments prevent you from working.